Stage II Vapor Recovery 

310 CMR 7.24 

Promulgation Date: March 1, 2009 

Background Document 

Notice of Public Hearing 

Hearing officer's certification 

Response to Comments 

Final regulations as published by the Secretary of State. 

Redline/strikethrough version showing revisions to the regulation as previously 

approved for inclusion in the SIP. 

COMMONWEALTH OF MASSACHUSETTS 

EXECUTIVE OFFICE OF ENERGY & ENVIRONMENTAL AFFAIRS 

D EPARTMENT OF ENVIRONMENTAL PROTECTION 

DEVAL L. PATRICK 

Governor 

ONE WINTER STREET, BOSTON, MA 02108 617 ·292 · 5500 

IAN A. BOWLES 

Secretary 

TIMOTHY P. MURRAY 

Lieutenant Governor ARLEEN O'DONNELL 

Commissioner 

BUREAU OF WASTE PREVENTION 

BUSINESS COMPLIANCE DIVISION 

BACKGROUND DOCUMENT FOR PROPOSED REVISIONS 

TO 

310 CMR 7.24(6) DISPENSING OF MOTOR VEHICLE FUEL 

(THE STAGE II VAPOR RECOVERY PROGRAM) 

July 2007 

This informutio n is available in altrrnatr format. Ca ll Donald M. Comes, ADA Coordina tor at 6-10 7. TOO Sen·ice- 1-800-298-!207. 

MassDEP on the World Wide Web· hnp:llwww mass gov/dep 

0 Printed on Recycled Paper 
1.0 BACKGROUND 

MassDEP adopted the Stage II vapor recovery program (31 0 CMR 7.24 (6) Dispensing of Motor 

Vehicle Fuel) in November 1989. The program is one response to Massachusetts' ambient air 

quality, which does not meet the Federal Clean Air Act's eight-hour ozone National Ambient Air 

Quality Standard (NAAQS). USEPA approved the Stage II program for inclusion in the 

Massachusetts ozone State Implementation Plan (SIP). The program helps attain and maintain 

compliance with the ozone NAAQS (Federal Register, Vol. 58, pg. 48315. 9115/93) and is 

federally enforceable. 

In 2000, the Department amended the Stage II regulations to require weekly visual inspection of 

Stage II systems, aruma! compliance testing and facility compliance certification, as well as 

measures designed to streamline program implementation and compliance. 

Since 2000, as the Department and Stage II regulated community started to implement and 

comply with the requirements of the revised Stage II program, certain sections of the regulations 

have been found to be unclear or at odds with efficient and effective facility compliance. The 

proposed Stage II amendments contained in this rulemaking seek to address those issues as well 

as a number of housekeeping measures updating applicable program requirements. 

2.0 INTRODUCTION 

The Stage II program prevents uncontrolled evaporative emissions of volatile organic 

compounds (VOCs) to the atmosphere during the dispensing of gasoline to motor vehicles and is 

applicable to 3200+/- motor vehicle fuel dispensing facilities statewide. The Stage II program is 

the Commonwealth's second largest source of VOC reductions, after the Enhanced Vehicle 

Inspection and Maintenance program, for motor vehicles. In addition to VOC reductions, the 

Stage II program also dramatically reduces public exposure to human carcinogens such as 

benzene, l ,3 butadiene and fonnaldehyde that are found in the evaporative emissions from 

gasoline. 

3.0 PROPOSED REVISIONS (Attachment I) 

3.1 New Stage II System Requirements 

1. The Department proposes to require that Pressure Vacuum Vent (PV) Caps be 

installed on Balance systems (see proposed 310 CMR 7.24(6)(a) 7.) in order to optimize 

the vapor control efficiency of Balance systems and ensure a level playing field between 

all Balance system owner/operators. 

3.2 Revised Program Implementation Language 

I. The Department proposes new definitions for the terms minor modification, 

routine maintenance, and substantial modification, thereby clarifying what Stage II 

system changes and repairs fall within each of these tenns (3 1 0 CMR 7.00 Definitions). 

Associated with the proposed new definitions are applicable compliance testing and 

recordkeeping requirements for routine maintenance and minor modifications (31 0 CMR 

7.24(6)(c) 1.). 

This background document also contains a guidance table identifying Stage II system 

Minor Modifications and applicable compliance tests. As guidance, this table is not part 

of the proposed rulemaking, but the Department welcomes comments on this guidance. 

(Attachment II). 
2. There has been confusion within the Stage II regulated community concerning 

what actions facility owner/operators are required to take in response to incorrectly 

installed, non-functioning or broken equipment. 

The Department is proposing new language (31 0 CMR 7 .24(6)(b) l.d. - f. and 310 CMR 

7.24(6)(c) 6.- 8.) to clarify program requirements and ensure timely repair of Stage II 

systems. 

3.3 Revised Stage II Certification/Notification Requirements 

1. Department review of Stage II compliance testing and certification results 

determined that the Stage II compliance benefit attributed to the 120-Day In-Use 

Compliance Testing and Certification requirement for Vacuum Assist systems is satisfied 

by the weekly Stage II system visual inspections and annual compliance testing. 

As a result, the Department proposes to eliminate the 120-Day In-Use Compliance testing 

and Certification requirement, saving subject facilities $500-700 in compliance testing 

and certification costs. 

2. Under the current Stage II regulation, a facility where a new or substantially 

modified Stage II system is installed cannot commence operation until a fully completed 

Installation/Substantial Modification Certification (Form A) has been submitted to DEP. 

As a result, a fully operational Stage II facility is prevented from opening for business 

until the Form A has been completed and submitted to DEP. 

The proposed revision allows a facility to commence operation immediately upon passing 

applicable tests and requires a fully completed Form A to be submitted to the Department 

within 7 days ofpassing the applicable tests (310 CMR 7.24(6)(c) 2.). 

3. Under the current Stage II regulation, only one Responsible Official is allowed to 

sign Stage II documents regardless of whether a facility is owned by one person or 

company and operated by another. 

The proposed revision allows two Responsible Officials to sign compliance certifications 

in instances where a Stage II facility is owned by one person or company and operated by 

another (3 10 CMR 7.24(6)(f) 2.). 

4. Under the current Stage II regulation, submittal of a Change of Owner/Operator 

Notification (Form E) is the responsibility of new faci lity owner/operators (3 1 0 CMR 

7.24(6)(e) 1.). 

In practice, new facility owner/operators are often unaware of the notification 

requirement, and as a result, fail to submit the required Form E. In such circumstances, 

changes in facility owner/operators typically come to the Department's attention only 

after the Department has issued enforcement against fonner owners for failing to submit 

a required Annual Certification. 

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The proposed revision seeks to avoid such UIUlecessary enforcement by requiring current 

facility owner/operators (sellers) to notify the Department by Jetter with in 30 days of the 

effective date of the owner/operator change (310 CMR 7.24(6)(e) 2.). 

5. Under the current Stage II regulation, there is no provision for "temporarily" 

taking a Stage II facility out of use. An example of such an instance is a facility that is 

temporarily closed between leases. In such an instance, annual compliance testing may 

not be able to be performed and it is inappropriate to remove the fuel dispensers or the 

fuel storage tanks. 

The proposed revision will address this issue by allowing a Stage II facility to be 

"temporarily" taken out of use, upon submittal of a Facility Closure Notification (Form 

F) and a fully completed FP 290 Form, signed by the local Fire Prevention Officer (31 0 

CMR 7.24(6)(e) 2.). 

3.4 Revised Stage II Recordkeeping Requirements 

1. Under the current Stage II regulation, facilities are required to maintain three sets 

of compliance logs tracking: weekly Stage II system inspections and maintenance; 

compliance testing; and, training of persons performing required weekly inspections. 

To simplify on-site recordkeeping, the Department is proposing to eliminate the need to 

maintain the weekly inspection and maintenance log and the compliance testing log (an 

inspector training log will continue to be required). In their place, the Department is 

proposing to require the following on-site recordkeeping for the prior rolling twelvemonth period: all weekly visual inspection forms; compliance testing company test 

results; and the facility's current Annual In-use Compliance Certification (31 0 CMR 

7.24(6)(b) 3.). In addition, the Department is proposing to allow the use of electronic 

record keeping provided a hard copy of all records can be immediately printed on-site 

(310 CMR 7.24(6)(b) 3.). 

2. To help ensure the repair of incorrectly installed, non-functioning or broken Stage 

II system components, the Depa11ment is proposing to revise weekly inspection reporting 

requirements to include actions taken to repair such components identified as a result of a 

weekly visual inspection (3 1 0 CMR 7 .24( 6)(b) 3 .a. iii). 

3.5 Regulatory Streamlining/Housekeeping/Updates 

1. Under the current Stage II regulation, all compliance testing requirements are 

referenced in each applicable certification and testing section. As a result, the current 

Stage II regulations are longer than necessary and repetitive. 

To simplify the regulations, the Department is proposing to consolidate all testing 

references into a single new section (3 10 CMR 7.24(6)(d)) and then cite the specific 

testing references in the applicable Compliance Testing and Certification sections (3 1 0 

CMR 7.24(6)(c) 2.b., 3.b. iii. and 4. a. ii.). 

No changes to applicable compliance testing requirements will occur as a result of these 

proposed changes. 

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2. Propose exemption for Motor Vehicle Salvage Yards (31 0 CMR 7.24(6)(a) 6.b.). 

Under the current Stage II regulation, any person dispensing motor vehicle fuel is subject 

to the program's requirements unless otherwise determined to be exempt. The 

Department, in the course of performing its compliance assurance activities, learned that 

motor vehicle salvage yards often dispense recovered motor vehicle fuel, collected as par1 

of their regular operations, to on-site and employee vehicles. 

Upon review, the Department is proposing to exempt Motor Vehicle Salvage Yard 

operations from the requirements of 310 CMR 7.24(6) if the Yard collects the motor 

vehicle fuel as part of its regular operations. In addition, the recovered fuel must be 

stored in a stationary motor vehicle fuel storage tank of 1000 gallons capacity or less that 

is properly equipped with submerged fill pipes and a PN vent cap. 

By proposing this exemption, the Department believes the recovered motor vehicle fuel 

will be properly managed and reused, with adequate protection of public health and the 

environment. 

3. The Department proposes to substitute "as required by" for "in accordance with" 

throughout the regulation to more clearly indicate " requirements". 

4. Under the current Stage li regulation, there is no language referencing the 

installation of CARB approved aboveground storage tanks. The Department is proposing 

a new section to the Stage II regulation to allow the installation of CARB Approved 

Aboveground Storage Tanks (31 0 CMR 7.24(6)0)). 

5. Under the current Stage II regulation, there is no language referencing CARB 

Stage II Approval Letters. These leners are clarifications and guidance documents 

applicable to previously approved CARB Stage II System Executive Orders. The 

Department is proposing to expressly reference CARB Stage II Approval Letters in 

Section 3 10 CM R 7.24(6)(a). 

6. Periodically, CARB adopts revised Executive Orders for previously approved 

Stage II Systems. The Department is proposing to update the current list of CARB 

approved Stage II systems to incorporate recently revised CARB Executive Orders (31 0 

CMR 7.24(6)(i)). 

3.6 New Testing Company Requirements 

l. In the course of discussions with Stage II compliance testing companies, it came 

to the Department's attention that there are instances where a Stage II system will fail one 

or more compliance certification test(s) at a facility and the compliance testing company 

will not be called back to re-test the faci lity. This could be an indicator that the facility 

owner/operator may be seeking to avoid necessary system repairs. 

In response to this concern, the Department is proposing to require that compliance 

testing companies notify the Department of the name, address and Stage II facility 

account nurn ber of any facility where: 

(a) the compliance testing company performed in-use compliance tests and 

the Stage II system failed one or more of said tests; and 

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(b) the testing company did not return to retest the Stage II system within 30 

days of the system's first passing test result or before the facility 's annual in-Use 

Compliance Certification submittal due date, which ever comes first. 

(310 CMR 7.24(6)(g) 5.). 

2. The Depat1ment is proposing to revise compli ance testing company certification 

requirements.to include the actions taken by the testing company in response to 

incorrectly installed, non-functioning or broken Stage II components identi'fied as a result 

of a failed compliance test (31 0 CMR 7.24(6)(g) 8.c. and d.). 

3. The Department is proposing to revise compliance testing company requirements 

to allow multiple persons to be identified as a Compliance Testing Company Responsible 

Of'ficial for purposes of signing Compliance Testing Company Certifications (31 0 CMR 

7.24(6)(g) l.a. xi.). 

4. In order to clarify currently applicable compliance tests, the Department is 

proposing to revise test procedure references for the following test procedures: 

(a) 10-Inch Pressure Decay Test (310 CMR 7.24(6)(g) 6.a.) 

(b) Vapor Tie Test (310 CMR 7.24(6)(g) 6.b.) 

(c) PN Vent Cap Test (310 CMR 7.24(6)(g) 6.c.) 

(d) Healy Systems (310 CMR 7.24(6)(g) 6.f.) 

3.7 Revised Stage II Certification and Notification Forms 

In Attachment III, the Department has revised all the Stage II Certifications (Forms A, C, 

D 1 and D2) and Notifications (Form E and F). These new forms are not program 

requirements subject to a public hearing, but are referenced here as important elements of 

the Department's effort to improve program compliance by more closely tracking Stage 

II system maintenance and recordkeeping requirements. To ensure their effectiveness, the 

Department welcomes public comment on the clarity and format of these forms. 

4.0 EMISSIONS AND AIR QUALITY IMPACTS 

The proposed revisions to the Stage II regulations are primarily administrative in nature . They 

clarify certain program implementation requirements and further streamline implementation and 

compliance. No additional air quality benefits are attributed to this proposed rulemaking. 

5.0 ECONOMIC IMPACTS 

The majority of the proposed revisions to the Stage II regulations contained in the amendment 

package are administrative in nature. There are, however, three proposed revisions that will 

affect facility compliance costs. 

5.1 Proposed new definitions for Minor Modification, Routine Maintenance, and 

Substantial Modification and associated compliance testing, record keeping, and 

certification submittal requirements. 

Under the current regulations, the definition of Substantial Modification means "the 

installation, repair, replacement or reconditioning of a motor vehicle fuel distribution system 

or the repair or replacement of a Stage II vapor collection and control system or part thereof, 

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excluding routine maintenance ... " A simple reading of this definition is broad enough to 

encompass virtually any maintenance or repair work done on a Stage II system and 

thereby triggering applicable compliance testing and certification requirements. In 

addition, under the current regulations, there is no definition for "routine maintenance". 

This rulemaking proposes new definitions for "minor modification", "routine 

maintenance" and "substantial modification" in order to clarify that compliance testing 

necessary to ensure system repairs and maintenance are correctly performed. In addition, 

this rulemaking proposes revised certification, compliance testing and record keeping 

requirements that are appropriate for each of these situations. 

The Department believes the proposed definitions and related requirements clarify 

applicable compliance testing requirements for Stage II repairs, thereby reducing 

unnecessary compliance testing and associated costs while improving overall program 

compliance. 

5.2 Proposed Elimination ofVacuum Assist 120-Day In-Use Compliance Certification 

Department review of Stage II compliance testing and certification results determined 

that the facility compliance benefit attributed to the 120-Day In-Use Compliance Testing 

and Certification requirement is satisfied by the weekly Stage II system visual inspections 

and annual compliance testing. 

As a result, the Department proposes to eliminate the Vacuum Assist 120-Day In-Use 

Compliance testing and Certification requirement. By doing so, subject facilities will 

avoid a $500-700 compliance testing and certification expense. 

The proposed new definitions and related requirements will achieve two important goals: 

• Reduced compliance testing costs for the Stage II regulated community; 

and 

• Improved facility compli ance and program effectiveness as a result of 

targeting compliance testing only to that necessary to ensure correct component 

repair and operation. 

5.3 Proposed Installation of Pressure Vacuum Vent (PV) Caps on Balance systems. 

In 2005, the Department surveyed Stage II compliance testing companies on two issues: 

the percentage of Balance systems equipped with PV caps and the cost to perform annual 

PV cap compliance testing. From that survey, The Department determined 

approximately 70+% of the nearly 1300 Balance systems installed in Massachusetts are 

already equipped with PV caps. 

To optimize the vapor control efficiency of Balance systems and ensure a level playing 

field between all Balance system owner/operators, the Department proposes that all 

Balance systems be equipped with PV Vent caps. 

The cost to install a PV cap, including labor, is approximately $85 per cap. Of the testing 

companies surveyed, the cost of annual compliance testing of PV caps ranged from no 

additional cost to a high of $125. The average cost of the testing companies surveyed is 

approximately $50. 

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The typical Balance equipped Stage II facility in Massachusetts has three fuel storage 

tanks and dispenses approximately 500,000 gallons annually. Over five years, the cost to 

such a facility for complying with the proposed requirement to install PV caps is 

approximately $100 annually, or $0.0002/per gallon. 

6.0 OTHER PROGRAM IMPACTS 

6.1 Massachusetts Environmental Policy Act (MEPA) 

Pursuant to 301 CMR 11.00 (Massachusetts Environmental Policy Act Regulations), this 

proposal does not require DEP to file an Environmental Notification Form (ENF). The 

regulations, as proposed, will not lessen the stringency of existing regulations, the 

purpose of which is to protect public health and the environment. 

6.2 Impacts on Cities and Towns 

Motor vehicle fuel dispensing facilities owned by municipalities are subject to the 

proposed amendments to 310 CMR 7.24(6). There are no new requirements contained in 

this proposed rulemaking unique to municipalities. 

6.3 Agricultural Impacts 

Pursuant to the intent of Massachusetts General Law, Chapter 30A, Section 18, state 

agencies should evaluate the impact of proposed programs on agriculture within the 

Commonwealth. 

The Stage II program regulations currently exempt stationary motor vehicle fuel storage 

tanks of 550 gallons capacity or less and are used exclusively for the fueling of 

implements of husbandry (e.g., farming). No change to this exemption is proposed. 

6.4 Source Reduction 

The Department proposes to facilitate recovery of unused fuel instead of disposal. The 

proposal will exempt Motor Vehicle Salvage Yard operations from the requirements of 

310 CMR 7.24(6) if the facility collects the motor vehicle fuel as part of its regular 

operations. The recovered fuel must be stored in a stationary motor vehicle fuel storage 

tank of 1000 gallons capacity or less that is properly equipped with submerged fi ll pipes 

and a PlY vent cap. 

By proposing this exemption, the Department believes the storage of such motor vehicle 

fuel will be properly managed and reused, thereby protecting public health and the 

environment, and reducing unnecessary fuel disposal. 

6.5 Public Participation 

As required by state law, the Department gives notice and provides the opportunity to 

review background and technical information at least 21 days prior to proposing the 

regulation amendments at a public hearing. To satisfy the requirements of 40 CFR 

51.102, DEP will provide at least 30 days for public comment. DEP will hold public 

hearings in Boston, Massachusetts and in Springfield, Massachusetts. 

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Attachment I 

Proposed Amendments 

8 
310 CMR 7.00 Definjtions 

Isolate shall mean, for the purposes of 310 CMR 7 24(6), to take out of service of one or more 

components of a Stage U system so that the remainder of the Stage II system operates as required by 

the tenns and conditions ofthe system's currently applicable Executive Order 

Minor Modification shall mean, for the purposes of 31 0 CMR 7 24(6), the re-installation, repair 

or replacement of one or more Stage II System components that is not substantial, including, but 

not limited to· less than 50% of the motor vehicle fuel dispensers (e g, 1 of 4 dispensers); a 

central vacuum unit of a Healy 400 ORVR nozzle system or Healy 600 nozzle system; hall float 

extractor valve housings; dispenser mounted vapor pumps; or "screw-on" spi11 or dry break 

buckets If the re-installation, repair or replacement of Stage II System components occms at a 

motor vehicle fi1el dispensing facility with two or less dispensers, the re-installation, repair or 

replacement of only one of the motor vehicle fi1el dispensers shall he a Minor Modification 

Routine M aintenance shall mean, for the purposes of 31 0 CMR 7 24(6), the regular reinstallation, repair or replacement of one or more Stage II System components including, hut not 

limited to· hoses; nozzles; breakaways; swivels; hose retractors; bucket plow rings; "slip-on" 

spill or dry break buckets; "0" rings and seals; snht,nersihle pumps or suction pipes; fill adaptors; 

fill tJJbes; vapor adaptors; fill and vapor caps; drain valves; monitor caps; or riser caps 

Subst antial Modification, as used in 310 CMR 7.24(6), means the installation, repait, replacement 

01 reconditioning of a motor vehicle fuel distribution system 01 the repait 01 teplacement of a Stage 

H vapor collection and control system or prut thereof, excluding 10atine maintenance in acc01dance 

with the terms and conditions of the Stage II system's ccm.ently applicable Executive Ordet.~ 

mean, for the purposes of 31 0 CMR 7 24(6), the re-installation, repair or replacement of one or 

more Stage II System components including, but not limited to· 50% or more of the motor 

vehicle file! dispensers (e g , 2 of 4 dispensers); the replacement of one type of Stage II system 

with another type (e g , replacement of a balance system with a vacuum assist system, or a Healy 

400 ORVR nozzle system or Healy 600 nozzle system with a Healy VP-1 000 system); or the reinstallation, repair or replacement of Stage II System components requiring excavation below a 

shear valve or tank pad (e g , vapor return piping_ vent piping, vapor space tie bar, two-point or 

coaxial Stage I systems; or motor vehicle fuel storage tanks) If the re-installation, repair or 

replacement of one or more Stage II System components occms at a motor vehicle fi1el 

dispensing faci!ity with two or fewer dispensers, the re-installation, repair or replacement of all 

motor vehicle file! dispensers shal1 he a Substantial Modification 

310 CMR 7.24(6) lJ DISPENSING OF MOTOR VEHICI ,E FUEL. 

(a) Applicability and Installation Requirements 

1. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed or substantially modified after November I, 1989 shall install, prior to 

commencing operation, a Stage II system in accoxdance witlws required by the terms and 

conditions of the system's currently applicable Executive Order and any Approval Letters 

issued by CARR on or before (THE EFFECTIVE DATE OF THESE AMENDMENTS) 

pursuant thereto. 
2. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed before November 1, 1989, that has not been substantially modified since 

November 1, 1989 shall install a Stage II system in accotdance witlras required by the terms 

and conditions of the system's currently applicable Executive Order, in accordance withan.d 

as required by the following schedule: 

a. by April 1, 1991 where the annual (calendar year) throughput of the motor 

vehicle fuel dispensing facility is greater than or equal to 1,000,000 gallons of motor 

vehicle fuel; or 

b. by April 1, 1992 where the annual (calendar.year) throughput of the motor 

vehicle fuel dispensing facility is less than 1,000,000 gallons but greater than or 

equal to 500,000 gallons of motor vehicle fuel; or 

c. by April 1, 1993 where the annual (calendar year) throughput of the motor 

vehicle fuel dispensing facility is less than 500,000 gallons per year but is greater 

than or equal to 20,000 gallons in any one calendar month; or 

d. by April 1, 1994, or 90 days after dispensing 10,000 gallons or more in any 

calendar month, whichever is later, for all other motor vehicle fuel dispensing 

facilities. 

3. Any person who owns, leases, operates or controls a motor vehicle fuel dispensing 

facility constructed before November 1, 1989, which has not been substantially modified 

since November 1, 1989 and which has not dispensed greater than 10,000 gallons of motor 

vehicle fuel in any one calendar month since January 1, 1988 shall maintain, on site at the 

facility, monthly records of the total number of gallons of motor vehicle fuel dispensed at 

said facility for the most recent rolling five year period. 

4. Any person who owns, leases, operates or controls a tank truck engaged in the direct 

dispensing of motor vehicle fuel to a motor vehicle or portable container shall install, by 

September 1, 1995 or prior to commencing operation, whichever is later, a Stage II system 

that meets the terms and conditions of the system's currently applicable Executive Order. 

Tank trucks dispensing motor vehicle fuel to emergency motor vehicles or portable 

containers during fire fighting activities or a declared emergency situation are exempt from 

the requirements of310 CMR 7.24(6). 

5. Any person subject to 310 CMR 7 .24( 6) shall conspicuously post Stage II system 

operating instructions on both sides of all motor vehicle fuel dispensers or at a position 

adjacent to the dispensers wh:icb1ha1 is clearly visible to the system operator during the 

refueling process. Such instructions shall include: 

a a clear pictorial or written description of how to correctly dispense motor 

vehicle fuel using the installed Stage II system; 

b. a warning not to continue dispensing motor vehicle fuel ("topping-off') after 

automatic system shutoffhas engaged; and 

c. the telephone number of the Department's Stage II Consumer Hotline. 

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6. Stationaty motm "eiricle fuel stmage tanks of less than 550 gallons capacity nsed 

exclnsively for the fueling of implements of hasbanchy, p10vided the fuel storage tanks are 

eqaipped vvith sabmerged fill pipes, are exempt f10m the reqaitements of310 C:MR 7.24(6). 

6 Stationary motor vehicle fi1el storage tanks used for following purposes only shall 

be exempt from the requirements of 31 0 CMR 7 24(6) 

a A stationary motor vehicle fi1el storage tank of 550 gallons or less capacity, 

used for the purpose of fi1eling implements of husbandry, provided the fuel storage 

tank is equipped with submerged fill pipes 

b A stationary motor vehicle fuel storage tank of 1000 gallons or less capacity, 

used for the purpose ofonsite fi1eling of motor vehicles with motor vehicle fuel that 

is the by-product of motor vehicle salvage yard operations, provided the fi1el storage 

tank is equipped with· 

a submerged fill pipe; and 

ii a press1 1re vacuum 'vent valve 

Any person who owns, leases, operates or controls a stationary motor vehicle fhel 

storage tank currently installed at a motor vehicle salvage yard and not in 

compliance with the requirements of this subsection shall take such action as 

necessary to comply with the requirements of this subsection on or before (180 days 

of the effective date of these amendments) 

7 On or after (THE EFFECTIVE DATE OF THESE AMENDMENTS), any person 

who owns, leases, operates or controls a newly installed motor vehicle fi1el dispensing 

facility where a Stage IT system is installed in compliance with 310 CMR 7 24(6)(a) 1 shall 

install a pressnrelvacunm (PN) vent cap on each underground motor vehicle fi1el storage 

tank vent located at said facility, prior to commencing operation Any person who owns, 

leases, operates or controls an existing motor vehicle fuel dispensing facility where a vapor 

balance Stage II system is installed as of (THE EFFECTIVE DATE OF THESE 

AMENDMENTS) shall install a PN vent cap on each underground motor vehicle fi1el 

storage tank vent on or before said facility's first Annual In-lise Compliance Certification 

submittal due date after (THE EFFECTIVE DATE OF THESE AMENDMENTS ± 30 

days) Each PN vent cap shall maintain 3 0±/-0 5 inches of water pressme, and 8 0±/-2 0 

inches ofvacuum 

(b) Operation and Maintenance Requirements 

1. Any person subject to 310 CMR 7.24(6) shall comply with the following operation 

and maintenance requirements. 

a. Operate and maintain the installed Stage IT system in accordance withas 

required by the terms and conditions of the system's currently applicable Executive 

Order. 

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b. Take such actions as necessary to comply with the applicable terms and 

conditions of any new or modified Executive Order upon Department revision of 

310 CMR 7.24(6) to incorporate such new or modified Executive Order. Such 

actions shall be taken either: 

1. during applicable tontine maintenanceRoutine Maintenance, Minor 

Modification or Substantial Modification ofthe Stage IT System;..or 

n. upon sabstantiai modification of tire Stage H system, 01 

m. within four years, whichever occurs first. 

c. Pei fonn Once every seven (7) days perform a weekly visual inspection of 

the Stage II system components to determine if such components are installed, 

functioning and unbroken in accordance witi~as required by the terms and conditions 

of the system's currently applicable Executive Order. Each visual inspection shall 

include, but not be limited to, inspection of: nozzle boots and splash/vapor guards; 

hoses; hose retractors, coaxial adaptors, dry breaks, fill caps and gaskets, vapor 

recovery caps and gaskets, spill containment boxes and drain valves. 

d. Upon determining that a Stage H system component is incorrectly instailed, 

nonfanctioning or bwken, inanediately remove said component from service, 

conspicaoasly post "Oat of Order" signs on said component; and, within14 days, reinstall, tepait 01 replace the component in accordance with the terms and conditions 

of the system1s em rently applicable Executive Order. 

d I !pan determining a Stage II system component is incorrectly installed, nonfunctioning or broken dnring a visual inspection, immediately· 

repair such component(s) as required by the terms and conditions of 

the system's currently applicable Execllfive Order; or 

ii stop dispensing motor vehicle fuel through such component(s), 

conspicuously post "Out of Service" signs on such component, and repair 

such component as required by the terms and conditions of the system's 

currently applicable ExeCJ!tive Order within I 4 days of the date such 

component is determined to be incorrectly installed, non-fimctioning or 

broken 

e If an incorrectly installed, non-fimctioning or broken component cannot be 

repaired as required by 31 0 CMR 7 24(6)(h) 1 d , such component shall immediately 

be Isolated "Out of Service" signs shall he conspicuously posted on Isolated 

components until Sllcb time as said component are correctly repaired as required by 

the Stage IT system's currently applicable Executive Order 

f If an incorrectly installed, non-fimctioning or broken component cannot be 

repaired or isolated as required by 310 CMR 7 24(6)(b)1 d or e _ the facility 

owner/operator shall immediately stop dispensing motor vehicle fi1el and 

conspicuously post "Out of Service" signs on all motor vehicle fhel dispensers until 

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such time as all incorrectly installed, non-fimctioning or broken components are 

correctly repaired as required by the terms and conditions of the Stage IT system's 

currently applicable Executive Order 

2. A ~isoal inspection of a Stage II system to meet the requirements of310 CMR 

7.24(6)(b)l.c. may be performed only by a person who is trained to operate and maintain 

the Stage H system in accordance with the terms and conditions of the system's cmrently 

applicable Executive Ordet. Each person sobjeet to 310 CMR 7.24(6) shall maintain a 

conent record of all persons trained as per 310 C:MR 7.24(6)(b)2. Soch record shall be 

maintained on site or, for tank hocks, at the address ftom which the tank hock is 

principally operated, and shall include the following. i. the date training was last received, 

ii. the trahtee's printed name, and iii. the personal signatme of the trainee acknowledging 

receipt of the training. A visnal inspection of a Stage II system to meet the requirements of 

310 CMR 7 24(6)(h)1 c shall he performed only by a person who is trained to operate 

and maintain the Stage IT system as required by the terms and conditions of the system's 

currently applicable Executive Order A current record of all persons trained shall be 

maintained on site or, for tank tmcks, at the address from which the tank tmck is 

principally operated, and shaJJ include the foJJowing· 

a the date training was last received; 

b the trainee's printed name; and 

c the personal signatme ofthe trainee acknowledging receipt of the training 

3. Any person subject to 310 CMR 7.24(6) shall maintahx ali Stage H system 

maintenance records on site for the most recent rolling twehe month period. Soch 

maintenance records for tank trucks shall be maintained at the address fiom which the tank 

bock is principally operated. 

a. Stage II system maintenance records shall be maintained in a log and shaH 

include the following. 

r. the date of actual performance of each visual inspection, 

n. an itemization of ail Stage II system components re-installed, 

repaired or replaced, 

m. the signatme of the person who performed each visoal inspection, 

tv. the date and fitst result of each in-ose compliance test, performed 

pm suant to 31 0 CMR 7 .24(6)(c)2., 3. and 4. as applicable, and 

v. the date each in-use compliance test, performed pwsoant to 310 

CMR 7.24(6)(c)2., 3. and 4. as applicable, was perfouned and passed. 

3 Any person subject to 31 0 CMR 7 24(6) shall maintain all Stage IT system 

maintenance records on site, in a centralized location, for the most recent rolling twelvemonth period Such records may be either (a) bard copy documents or (h) electronic 

5 
documents, provided tbat a hard copy of the electronic documents shall be printed on-site 

immediately upon request Such maintenance records for tank tmcks shall he maintained at 

the address from which the tank tmck is principally operated Stage IT system maintenance 

records shall include· 

a all of the facility's weekly inspection checklists for the prior rolling twelvemonth period, identifying· 

i the date each weekly visual inspection was performed and the 

signab1re ofthe person who perfonned the visual inspection; 

11 any Stage II system component determined to he incorrectly 

installed, non-fimctioning or broken; 

111 whether the identified inc~orrect!y installed, non-fimctioning or 

broken component was immediately repaired, taken out of service and 

repaired within 14 days, Isolated, or the facility stopped dispensing motor 

vehicle fiiel and all fi1el dispensers were taken out of service; 

Jv the date incorrectly installed, non-functioning or broken component 

identified in iii above was repaired 

b A copy of compliance testing company test result" for all Stage IT 

compliance tests during the prior rolling twelve-month period 

c A copy of the Stage IT system's most recent Annual In-lise Compliance 

Certification 

4. All records maintained pursuant to 310 CMR 7.24(6)(b) 2 and 3 shall be made 

available to the Department or the US EPA immediately upon the-request of eithet. In the 

event requested records cannot be made immediately available, requested records shall be 

delivered to the Department or the US EPA, as applicable, within 24 hours of the initial 

request. 

(c) Compliance Testing and Certification Requirements 

I Stage IT system testing, record keeping and certification as a result of Routine 

Maintenance or Minor Modification of a Stage IT system 

a In the event of Routine Maintenance, a record of such maintenance shall 

he maintained in accordance with 310 CMR 7 24(6)(h) 3 Compliance testing and 

submittal of a compliance certification to the Department is not required 

b In the event of a Minor Modification of a Stage II system, applicable 

compliance tests shall he perfonned and passed prior to commencing system 

operation and a record of such modification and test results shall he maintained in 

accordance with 310 CMR 7 24(6)(b) 3 Submittal of a compliance certification to 

the Department is not req11ired 

6 
t2. Installation/Substantial Modification C."''l'limll.c: Certification Any person subject 

to 310 CMR 7.24(6) who installs or makes a sSubstantial mModification to a Stage II 

system after January 1, 2001(THE EFFECTIVE DATE OF THESE AMENDMENTS), 

shall, prior to commencing operation, shall perform and pass i:nstallatiouall applicable 

compliance tests pursuant to 310 CMR 7.24(6)(c]t:bd). and submit to the Department 

within 7 days of perfonning and passing said tests, a fully completed and signed 

Installation/Substantial Modification Compliattce Certification, on a form obtained from the 

Department, attesting to the following: 

a. the installed or substantially modified Stage IT system is installed or 

substantially modified in compliance with 310 CMR 7.24(6)(a); 

b. the following installation compliarxce tests, as applicable, were performed in 

accotdattce witix310 CMR: 7.24(6)(c)6 .. 

r. Vapor balance systems. Pressure Decay Test and Dynamic 

Ptessme!Liquid Blockage Test, 

n. Vacuum assist systems. Presswe Decay Test, Ait-to-Liquid Ratio 

Test and Dynamic Pressute/ Liquid Blockage Test, or 

111. Altemati tiC installation compliance tests that both arc specified in 

the terms arxd conditions of titc insta~lcd system's cunently applicable 

Executive Order artd ate apptotJcd by the Deprutment in program guidartce 

issued priOI to perfonnartcc of tire altemativc tests, artd 

b all applicable compliance tests as required by 310 CMR 7 24(6)(d) were 

perfonned and passed; and 

c. tixe applicable installation compliance tests were perfonncd arxd were passed 

not m01c than 30 days pri01 to the date postmarked 011 tite envelope used to submit 

the certification to the Dcpar bnent. 

2. Vat.III!I! J Assist 120 Day l11-Hse Co•t•Jilia!Jl.e Ceilific.atioo. Any person subject to 

310 CMR 7.24(6) who installs or makes a substarrtiai modification to a vacuwn assist Stage 

H system after Jarruary 1, 2001 shall perform itr-usc compliartcc tests pwsuartt to 310 CMR 

7.24(6)(c)2.b. artd shail submit to titc Department, not more titan 120 days after titc date 

postmarked 011 tite cmelope used to submit to the Dcparbnent tire certification required by 

310 CMR 7.24(6)(c)l. or the date the facility connnenced opetation, whichever occurs first, 

a fully completed artd signed In-Use Compliarxcc Certification, on a fonn obtained fiom the 

Dcparbncnt, attesting to the following. 

a. the ittstailed vacuwn assist Stage H system is operated artd maintained in 

accOidatrcc with 31 0 CMR 7 .24(6)(b), 

b. titc followittg itt-usc compliartce tests were performed itt accordartce with 

310 CMR: 7 .24(6)(c)6 .. 

t. Air-to-Liquid Ratio Test, 

7 
n. Pressme Decay Test, or 

nt. Altemative ht-use compliance tests that both rue specified in the 

tenns rurd conditions of the installed system's cmrently applicable Executive 

Order ruxd rue approved by the Deprutment hx progrrun guidruxce issued ptiOI 

to perfonnance of the altemative tests, rurd 

c. the in-use compliruiCe tests were performed and were passed between 90 and 

120 days after the date poshnruked on the emelope used to submit to the 

Deparhnent the htstallation Cwnplirutce certification required by 310 CMR 

7.24(6)(c)l. 

3. Anona! In-lise Compliance Certification Except as provided in 310 CMR 

7.24(6)(c)A.~ any person subject to 310 CMR 7.24(6) shall perform in-use compliartce tests 

pmsuant to 310 CMR 7.24(6)(c)3.b. and shall annually submit to the Department a fully 

completed and signed Annual In-Use Compliance Certification, on a form obtained from 

the Department, attesting to the following: 

a. the installed Stage II system is operated and maintained m accordrutce 

withas required by 310 CMR 7.24(6)(b); 

b. the following in-use compliance tests, as applicable, were performed in 

accordance vvitl•as required by 310 CMR 7.24(6)(cd)6:-: 

i. Vapor balance systems. 

Annual in-use compliance test: Pressure Decay Test; Vapor-Tie Test; PN 

Vent Test 

Every-third-year in-use compliance test: Dynamic Pressure/Liquid Blockage 

Test;. 

ii. Vacuum assist systems. 

Annual in-use compliance tests: Pressure Decay Test; Vapor-Tie Test; PN 

Vent Test; and Air-to-Liquid Ratio Test. 

Every-third-year in-use compliance test: Dynamic Pressure/Liquid Blockage 

Test;-or. 

m. Altemative in-use compliruxce tests that both are specified in the 

terms rutd conditions of the installed system's cunently applicable Executive 

Order and rue approved by the Depruhnent hx progrrun guidrutce issued prior 

to perfonnrutce of the altemative tests, ruxd 

111 Healy systems 

All applicable tests shall be performed annually 

c. The applicable in-use compliance tests were performed and were passed not 

more than 30 days prior to the date postmarked on the envelope used to submit the 

certificationCertification to the Department. 

8 
4. Alternative Annual In-I Ise Compliance Certification Any person subject to 310 

CMR 7.24(6) who submits two consecutive yearsl._of Annual In-Use Compliance 

Certifications pursuant to 310 CMR 7 .24( 6)( c) 3. in which all applicable in-use compliance 

tests were passed on the first try, as certified to in-as required by 310 CMR 7.24(6)(eg)7.&., 

may elect to submit annually to the Department a fully completed and signed:an Alternative 

Annual In-Use Compliance Certification, attesting to the following on a faun obtained from 

the Department: 

a. the installed Stage H system ts conectly operated mxd maintained m 

accordance with 310 CMR 7.24(6)(b), 

b. the following in-use complimrce tests, as applicable, were perfonncd in 

accordmtee with 310 CMR 7.24(6)(c)6. (The tests must only be perfomxed on an 

c9ery other yeru basis with the first tests being conducted the second year following 

the submittal of two consecutive years'-passing test.resolts as described in 310 CMR 

7.24(6)(c)3. mxd (6)(e)7). 

i. Vapor balance systems. Pressme Decay Test mxd Dynarnic 

Prcssore/Liquid Blockage Test. 

ii.Vacoum assist systems. Pressme Decay Test, Air-to-Liqoid Ratio Test, 

mxd Dynamic Pressme/Liqoid Blockage Test, or 

m. Alternati ve in-use compliance tests that both are specified in the 

terms ruxd conditions of the installed system's conently applicable Executive 

Order arxd me approved by the Deprutment in program guidance issued prior 

to performance of the altemati ve tests, and 

a Facilities meeting the requirements of31 0 CMR 7 24(6)(c) 4 and electing to 

submit an Alternative Annual In-l Jse Compliance Certification shall be· 

exempt from annual Stage IT compliance testing requirements in the 

year following the submittal of two consecutive years' of Annual In-I Jse 

Compliance Certifications in compliance with 310 CMR 7 24(6)(c) 4; and 

u subject to all applicable Stage U compliance tests as referenced in 

310 CMR 7 24(6)(d) in the second year following the submittal of two 

conseeutive years' Annual In-I Jse Compliance Certifications in compliance 

with 31 0 CMR 7 24(6)(c) 3 , and every other year tb.ereafter 

b Any person submitting an Alternative Annual In-I Ise Compliance 

Certification to the Department shall fi!lly complete and sign said Certification and 

attest to the following· 

the installed Stage IT system is correctly operated and maintained as 

required by 31 0 CMR 7 24(6)(b); 

u all applicable compliance tests were performed and passed as 

required by 3 I 0 CMR 7 24(6)(c) 4 a , and 

9 
c:- 111 The applicable in-use compliance tests were performed and were 

passed not more than 30 days prior to the date postmarked on the envelope used to 

submit the cettificatiouCertification to the Department. 

d. Any person certifying pursuant to 310 CfvfR 7.24(6)(c) 4., who fails to 

pass a required itr.:.ase compliance certification on the first tty, as shown on the 

certification form submitted by the testing company pursuant to 310 Cl'ofR 

7.24(6)(e)7, shall be tequited to cettify accmding to the tequitements of310 CMR 

7.24(6)(c) 3., ruttil such time as the petson meets the tequirements itt 310 CMR 

7.24(6)(c) 4. 

c Any person submitting an Alternative Annual In-JJse Compliance 

Certification and fails one or more compljance certification tests on the first try as 

required by 3 I 0 CMR 7 24(6)(c) 4 shal1 he required, in subsequent years, to 

annually certify in compliance with the requirements of 31 0 CMR 7 24(6)(c) 3 , 

until such time as the person meets the requirements in 310 CMR 7 24(6)(c) 4 

5. Annual In-IIse Compliance Certification Submittal Requirements The annual 

submittal date for cetti:ficatiouCertifications required pursuant to 310 CMR 7.24(6)(c)_.3. 

and 4., is no later than: 

a. For persons subject to 310 CMR 7.24(6) who install or make a sSubstantial 

mModification to a Stage II system on or after January 1, 2001, the anniversary of 

the date postmarked on the envelope used to submit to the Department the 

Installation Compliance certi ficatiouCerti fication required by 310 CMR 7 .24( 6)( c) 

1. or the date the facility commenced operation, whichever occurs first; and 

b. For all other persons subject to 310 CMR 7.24(6), May 1, 2002, or a date 

otherwise provided by the Department, whichever is earlier. Persons subject to 310 

CMR 7.24(6)(c).5.b. who are provided an annual submittal date by the Department 

shall be notified by the Department of their first annual submittal date and required 

in-use compliance tests pursuant to 310 CMR 7 .24( 6)( c )_3. b. no less than 90 days 

prior to the first annual submittal date established by the Department. 

c. Upon request of any person subject to 310 CMR 7.24(6), the Department 

may revise said person's annual cettifi:catiouCertification submittal date. Such 

revision shall set a revised annual submittal date that is no more than 12 months 

after the otherwise applicable submittal date. 

6. Compliance cettification tests perfonned to meet the tequirements of 310 CMR 

7.24(6)(c) shall be perfonned only by a person 01 Stage II compliance testing company that 

has submitted to the Departtnent a Stage H Compliance Testing Company 

NotificatiouNotification it1 accmdauce with 310 CMR 7.24(6)(e)l. 

7. Failwe To Pass A Requi1ed Tii-Ifse Cooqiliaoc.c: Test. Any person who owns, leases, 

opetates 01 conttols a:n installed Stage H system that faiis one ot more in-use compliance 

test(s) shall tepait the system so that it meets the tenns and conditions of the system's 

crutently applicable Executive Order and shall te-test and pass the said in-use compliance 

test(s) witlri1r 14 days oftl1e date the Stage H system failed said test(s). Iftlte Stage II system 

is not tepaired and does not pass the applicable in-use compliance test(s) within those 14 

10 
~ays, then the person shall stu osly . . Oat of Order" i p dtspensmg motm vehicle fi l 

shall not tesmt.;"~·l":: all rnotot. vdriele fuel dispertstrs :'>and _shall oouspicuo 

with 310 CMR 9.::(6)( ')3systern rs repaired and passes tite a ~ISnJ ofmotot vel 

post 

ride fuel 

6 A e . -pp tea e test(s) m ace 

Old ance 

ny person wbo owns I rna · eases op t re m-use com lia , . ,era es or controls a ~ SOD eor 

( ) c 3 or 4 shall imm d" tely· 

a · . • e ta 

. repmr mcorrectl y mst::~llerl · n req.mred by the te' non- mctionin ExeCJJtive Oroer !]Jls and rooditions of the Stage Ug.; b:"ken cmnpon 

ent .as 

• em s currently app lica hie 

h re-test and pass each failed . test; and 

lian ce 

c h . . Sll mJt to the n 

-ation submJttal date or within 3 faoJhty s Annual fu-!!se Com . Camp 

result as required h 31 g days ofthe date of the Stage U s ..!' .ance Certdic 

apphcable wbiclJeV: CMR 7 24(1i)(c) 3 o or 31 Q J:.MRm s first passm 

r. rf fi · epartment th · e ~catwn on or before the :~ ; e reqmred Annual In-I Ise 

g test 

' r ocCJJrs first 7 24(6)(c) 4 c , as 

? If a facility fails one or . ectly mstalled, non-nmcf . more reqmred in-use co . CMR 7 24(/i)(c) 6 ~!'~g -~' broken compcments can~:b~ance tests and the incorr 

,aCI lty owner/operator shall . d. repaired as required by 

310 

1mme 1ately· 

a Jso . I ate the incorrectly installed om the Stage II system so that th . ' non-fimctioning or broken 

by the tenus and cond"f e remamder of !he Stage U syst compcmeuts f, and I Jons of the system's I em operates as reqm 

red 

current y a pp r JCa h le Exewtive Ord er ~. 

b h . Sll mJt to the D ce 

or before the f•ci li 'passmg test results for the remainder f n-Ilse Crunplian on 

within 30 da ty s Annual In-1 lse Com Iiane . o the Stage U s)'stem 

r. e rt"fi · epartment th · 1 

catwn based on ·e reqmred Annual I 

or 

d 

er 

1zy 31 Q cwf'

2 

"i~h: dt~ of the Stage u syst~ 's ;,;e:~i~ahon submittal date 

()CCurs first ( )( ) ' 0 ot31 0 CMR 1 24(6)(<:) l g test result as require c ' as apphcahle, which ev 

c Any ~tage IT system com 

S)'stem shaH remain Isolated untl~~:::i::.:l:~d from the remainder of the S!age D 

gystem s currently applicable E y ~ e terms and conditions ·· ~xecnhve Order a d 

11 all )" · • n . app !Cable, com Iiane . reqmrem.ents for the R!Jti e es~ng, record keeping and certi . SubstanMI M d"fi . ne Mamtenance M" . ficaMn 

0 1 catwn of a Stage 11 ' mor Modrfication 

8 . . system are compliffi with , or 

mc;:t . If a facJhty fails one 11 rJ or more re · rl · a e non-fimcf ·qmre m-use co r 

I . 0 sm component is re · . of the ~ta e n ~ , paJred as reqmred h b 

. ' ~wmng or b k mp wnce test rl · reqmred by 3 I Q CMR 1 )4(fi nLen Stage D system co:;; anent s an the mcmrectly 

dlsp<msing motor vehicle fuJ"j! 6 or 1 '.the fuci lity Ol!llle~erator r;;nnot be ":paired as nd conspJcuQJ!sly post "0 t f . all Jmmedwtely stop n o ~erv1ce" SlgDS · on all motor 

11 
vehicle file! dispensers until such time as· 

a all incorrectly installed, non-fimctioning or broken components are repaired 

as required by the tenus and conditions of the Stage U system's cmrently applicable 

Executive Order; 

b all applicable in-use compliance tests are performed and passed as required 

by 3 1 0 CMR 7 24(6)(c) 3 or 4 , as applicable; and 

c a fi1lly completed Annual Tn-T Ise Compliance Certitir.::~tion has been 

submitted to the Department as required by 31 0 CMR 7 24(6)(c) 3 

d If a facility fails one or more required in-use compliance tests and is subject 

to 310 CMR 7 24(6)(c) 8 , for purposes of compliance with the Annual Tn-T Jse 

Compliance Certification submittal requirements of 310 CMR 7 24(6)(c) 3 or 4, 

said facility owner/operator shall submit to the Department a fi1lly completed and 

signed Stage U System Closure Notification as required by 31 0 CMR 7 24(6)(e) 2 

on or before said facility's currently applicable Annual In-lise Compliance 

Certification submittal due date 

8. Any certification submitted by a person sabject to 310 CMR 7.24(6) prusaant to 310 

CMR 7.24(6)(c) shall be signed by au indit~idaal who is a responsible official regarding the 

Stage II system, who shall attest to the following. 

a. I certify that I personally exarnined the foregohtg ar1d arn familiar 

with the hrfonnation contained in this docwnent artd all the attachments arrd 

that, based on my inqahy of those persons innnediately responsible for 

obtahring the infonnation, I beliet~e that the infonnation is b ae, accwate and 

complete. I aru aware that there are siguificarrt penalties for submitting false 

infonnation, including possible fines arrd imprisonment, 

b. that systems to maintain compliarrce are in place at the facility or, if 

applicable, at the location from which the tarrk track is prhtcipally operated 

arrd will be maintained for tire coming year et~en if the processes 01 

operating procedures are charrged over tire comse of the year, arrd 

c. I arn fully authorized to make this attestation on behalf of this facility 

01 tarrk track, as applicable. 

9. Any person immediately responsible for obtaining information referenced in 310 

CMR 7.24(6)(c) 8. a., who knowingly artd willfully makes false, inaccwate, incomplete or 

nrisleading statements prusaant to arty certification or notificatiouNotification required 

rutder 310 CMR 7 .24(6), may be in violation of 310 CMR 7 .24(6). Not witirstanding tire 

pret~ioas sentence, any person subject to tite requirements of 310 C:MR 7 .24(6), shall 

comply with all applicable provisions of310 CMR 7.24(6). 

9 Any Certification submitted to the Department as required by 310 CMR 7 24(6)(c) 

sh~ll he signed by a Stage II System Responsible Official as required by 310 CMR 

7 24(6)(f) 

12 
10. Any person subject to 310 CMR 7.24(6), upon written notice from the Department, 

shall perform such compliance tests as the Department determines necessary to demonstrate 

the Stage TI system is installed and maintained in accotdance withas required by the terms 

and conditions of the system's currently applicable Executive Order and shall submit the 

results to the Department within 14 days of the performance of said tests. 

(d) Stage II System Compliance Testing Requirements 

For the purposes of 310 CMR 7 24(6)(c), the following Stage IT System compliance tests 

and requirements sha11 be required· 

Vapor Balance systems 

Pressme Decay Test, Vapor-Tie Test, PN Vent Test and Dynamic Pressure!I .jquid 

Blockage Test 

2 Vacuum Assist systems 

Pressure Decay Test, Vapor-Tie Test, PN Vent Test, Air-to-T .jquid Ratio Test and 

Dynamic Pressure/ I.iqJJjd Blockage Test 

3 Healy systems 

a Healy 400 ORVR (Executive Order # G-70-186), Healy 400 ORVR 

Above Gronnd Storage System (Executive Order# G-70-187) and Franzen-Hm 

Cargo Tank Tmck System (Executive Order# G-70-193)· 

Pressure Decay Test· 

Vapor Tie Test; 

PN Vent Test; 

Exhibit 4· Vapor Return I .joe Vacuum Integrity Test; and 

Exhibit 5· Fillneck Vapor Pressure Regulation Fueling Test 

b Healy 600 (Executive Order# G-70-165)· 

Pressme Decay Test; 

Vapor Tie Test; 

PN Vent Test; 

Air-to-T .iquid Ratio Test; and 

Exhibit 4· Vapor Return I .joe Vacuum Integrity Test 

4 Compliance tests perfonned to meet the requirements of 310 CMR 7 24(6)(c) shall 

he perfonned only by a person or Stage IT compliance testing company that has 

submitted to the Department a Stage II Compliance Testing Company Notification 

as required by 31 0 CMR 7 24(6)(g) 1 

(d.e) NotificationNotjficatjon Requirements. 

1. Any person, upon entering into a purchase, lease or other contractual agreement by 

which said person becomes the owner, operator, lessee or controller of an existing motor 

vehicle fuel dispensing facility or tank truck subject to 310 CMR 7 .24( 6) shall submit to the 

Department, within 30 days of the effective date of becoming such an owner, operator, 

lessee or controller or within 1 0 days of a written request from the Department, a fully 

completed Ne:w._Stage II Change of System Owner, Operator, Lessee or Controller 

13 
Notification on a form obtained from the Department. 

a. The nNotification shall include the following: 

i. the name of the new Stage II system owner, operator, lessee or 

controller and related business documentation, including the name and 

address of the facility where the Stage II system is located or from which the 

tank truck is principally operated;..and 

ii. the effective date said person became the change o~ owner, 

operator, lessee or controllet occmred. 

b. Any nNotification shall be signed by the individual who is a rResponsible 

oOfficial for the new owner, operator, lessee or controller regarding the Stage II 

system, who shall attest to the following: 

i. I certify that I personally examined the foregoing and am familiar 

with the information contained in this document and all the attachments and 

that, based on my inquiry of those persons immediately responsible for 

obtaining the information, I believe that the information is true, accurate and 

complete. I am aware that there are significant penalties for submitting false 

information, including possible fmes and imprisonment; 

ii. I am fully authorized to make this attestation on behalf of this facility 

or tank truck, as applicable. 

2. Any person subject to the requirements of 310 CMR 7.24(6) who removes an 

existing nrot01 vehicle fuel dispensing facility or tank truck fionr service and intends to 

terminate that person's obligations mtder 310 C:MR 7.24(6) regarding the facility 01 tank: 

truCk shall submit a fully completed artd signed Stage II System Closme. Certification to the 

Department, on a fmm obtained from the Deprutment. 

a 11te closme certification shall include the following. 

r. the uarne of the Stage II systern owner, operat01, lessee 01 controller 

artd related business docmnentation, ir1cluding the narne artd address of the 

facility whete the Stage II system was located 01 fmm which the tarlk huck: 

was principally operated, 

n. the Stage H Facility Customer Code nmnber fox the applicable 

facility 01 tarlk b uck:, artd 

III. attestation that all motor vehicle fuel stoxage tanks 01 dispensexs 

have been removed. 

b. Each closme certification shall be signed by art irtdividual who is a 

responsible offieialregarding the Stage H system, who shall attest to the following . . 

r. I cextify that I pexsonally exarnined the foregoing and am familiar 

14 
obtaitrin n my mquiry of d ocruneut and all dte 

coutplet~ ~te mfunnation, I belie~~ pw:o"" immediattly attaclnuents and 

infunnat: run awrue diat dJere ~ Iat die itrfonnation is Iespousib!e fin 

IOU, nJelading possible fi e SJginfu:aut penalties fi b ne, aecru ate and 

ii I fi nes and imprisuinneut "Or snbnritting false 

. am illl ti . , 

witix tire info . that, based ~matron. contained in tiris d 

e or tank ti u ck, as y applicable. au IOnzed to n I ak: e tins . attestation on bel I alf ofdns . fi T 

· A mot . acnt) 

. or v elncle fi l .lequnements of 3i . ae dispens· . dispenser(s) I mve -a be CMR 7.24(6) , w I tete mg d fuctlity or tarde t rue k b' 

date posbt atk en temoved is tO I .e nmlot vehiele fa I ot11eet to dte 

Depatbnet:t. ed on the emel~e ~sect:get o subject to 316 C~~"l!!' tartk(s) OJ subnnt ti e l . 4(6) as of ti r c osme certificaf ron to tite Ie 

perator, lessee w Icb said er~· upon enterin i submit to the D~r a controller _of a faciiit:~~ rehnqnishes his a: h:o a sale, lease !lT ather 

conJrar.tJI31 3(1p£;:,e':;'ent: wllhin 30 dafS of~k tmck subject to 3 :~t~oncy as an owner 

'a sigoe.l le1ter anti'"' e effecltve date of . " MB 7 24(6) shali ..,...ng the De sam sale 1 ' 

a the name of lh _partmenl of the fallow{n ease !lT ather 

operator, lessee or c e person relinquishin . g 

2 Any person h. contrachml SJUject to 3 I 0 CMR a agreement hf h. 7 24(6) 

7 24(6), the facili n ontroller of the facili g hJS or her aulhori a 

the address from vucb tyh. arne, the Stage lank tnu:,k. II Facility . -~ ustomer !lT t;mk CodeN tmck uhj~ , c. t 

to 

s an 310 Olllltle~ CMB 

h the IS pnncipally operated umhec_ and address or 

tank tm name of the new Olllltl , as apphcahle; 

ck subJect to 3 1 0 er, operator Je the new faci li CMB 7 24(6) - ssee or oontrolle principall¥ or!Jl n~me and. addressor :d ~ated business info~f/he (acilicy ot 

e , as apphcable; and e a dress from which th: •on, mcluding c lh - tank tmck · 

e effective date ofthe h IS 

" . -- c_ange of 

1 

A --()W!lr.I a 

ny person sub' ,pernio~ lessee 

or temporaril¥ take ~eel to the cequireme m controller 

shall submit to them~ of use an existing m~~t of31 0 CMB 1 24(6) seek. 

Nonfication, on a fa nn epartmenl ohtamM fro a (ully cmn p.eted lvcbicle and fiiel si dispen<in g r, mg to permanently .aothlf ot tank 

m the Department gne.l Stage U S st - tnu:k 

a Said Nat'fi . Y em Closure 

.o LcatJon sh a 11 . mclude the t4 II . .. owmg· 

I th _e name of tb S 

and related bJJ . etage IT facility r . _ _ sme~~ . fi -- owner H!c1lity : w h- ere the Sta '" U onnation ' mcludmg · .-th operatot ' Je ssee or contr II 

was pnnc· II ge - system e name and d o .. er Ipa Y operated - . was lcx:ated ot fi- ~ a dress of th 

u ..'as apphcahle· ' J>m which the t an-k tmok e 

facility cif~~th~~e;:S~t~j~~~~W!~Cl~xneL.Cnd~nu.WW.oJllL.tl~~qll~.hl or t _an_ k tge mck; IT andus Facj!ity C t omer Code 

iii a fi!lly completed Notifi __ cation . Eo S 15 r torage T k . an s Regulated JJnder 
527 CMR 9 DO (FP-290) Form, as issued by the local Fire Department, 

documenting that the applicable facility or tank tmck is either permanently 

or temporarily taken out of use 

b Any person subject to the requirements of 31 0 CMR 7 24(6) who 

temporarily takes out of use a motor vehicle fi1el dispensing facility shall, prior to 

re-commencing the distribution of motor vehicle fuel, perform and pass all 

app1icahle compliance tests and submit to the Department a fully completed 

Installation/Substantial Modification Certification as required by 310 CMR 

7 24(6)(c) 1 Said temporary Notification shall be renewed as necessary . by 

submitting an updated, fully completed Stage II System Closure Notification, on or 

before the annual anniversary of the date the local Fire Department signed the 

required FP-290 Form Said renewal shall include a current FP-290 Form, as 

issued by the local Fire Department, documenting the facility's continued 

temporary out of use status 

c Any person subject to the requirements of 31 0 CMR 7 24(6), where the 

motor vehicle fuel dispensing facility is either permanently or temporarily taken out 

of use, shall no longer he subject to 310 CMR 7 24(6) as of the effective date the 

facility was taken out of service as referenced in the required FP-290 Form 

4 Any Notification submitted to the Department as required by 31 0 CMR 7 24(6)(e) 

shall he signed by a Stage II System Responsible Official as required by 310 CMR 

7 24(6)(£) 

(f) Stage II System Responsible Official Certjficatjon of Compliance. 

Except in circumstances described in 310 CMR 7 24(6)(f) 2, any Certification or 

Notification required by 31 0 CMR 7 24(6)(c) or (e) shall he signed by an individual who 

is a Responsible Official regarding Stage II system compliance 

2 For Stage II systems owned by one party and leased, operated or controlled by 

another independent party and where both parties have separate Stage II compliance 

responsibilities, any Certification or Notification submitted in compliance with the 

requirements of 31 0 CMR 7 24(6)(c) or (e) shall he signed by Responsible Officials for 

each party regarding Stage II system compliance Each Stage IT System Responsible 

Official shall attest to the following· 

I certify that I personally examined the foregoing and am familiar with the 

information contained in this document and all the attachments and that, based on 

my inquiry of those persons immediately responsible for obtaining the information, I 

believe that the information is tme, accurate and complete I am aware that there are 

significant penalties for submitting false information, including possible fines and 

imprisonment; 

u that systems to maintain compliance are in place at the facility or, if 

appl icahle, at the location from which the tank tmck is principally operated and will 

he maintained for the coming year even if the processes or operating procedmes are 

changed over the comse of the year; and 

16 
m I am fillly authorized to make this attestation on behalfoftbjs facility or tank 

tmck, as applicable 

3 Any person immediately responsible for obtaining information referenced in 310 

CMR 7 24(6)(f), who knowingly and willfully makes false, inaccmate, incomplete or 

misleading statements pmsuant to any Certification or Notification required under 310 

CMR 7 24(6), may he in violation of 31 0 CMR 7 24(6) Not withstanding the previous 

sentence, any person subject to the requirements of 31 0 CMR 7 24(6), shaH comply with aJJ 

applicable provisions of310 CMR 7 24(6) 

(eg) Compliance Testing Company Requirements 

1. On or after Januaxy 1, 2001 (THE EFFECTIVE DATE OF THESE 

AMENDMENTS), any person who owns, leases, operates or controls a company that 

performs Stage IT compliance tests to meet the requirements of 310 CMR 7 .24( 6)( c) shall 

submit to the Department a fully completed Stage IT Compliance Testing Company 

Notification, on a form obtained from the Department, prior to performing any required 

Stage II compliance test. 

a. the notificationNotific~tion shall include the following: 

i. the name and business mailing address of the Stage II compliance 

testing company owner, operator, lessee or controller; 

ii. the name and address of any business that is engaged in the 

installation or substantial modificatiouSuhstantial Modification of Stage IT 

systems and is owned, operated, leased or controlled by, or affiliated with 

the owner, operator, lessee or controller of the compliance testing company; 

111. the name and address of any motor vehicle fuel dispensing facility or 

tank truck subject to 310 CMR 7 .24( 6) that is owned, operated, leased or 

controlled by, or affiliated with the owner, operator, lessee or controller of 

the compliance testing company; 

iv. the address and telephone number of the facility(ies) from which the 

daily compliance testing activities of the compliance testing company 

originate and at which any records required by 310 CMR 7.24(6)(eg)9__lll. 

are maintained;-and 

v. a written description of the employee training systems in place at the 

compliance testing company to ensure required compliance tests are 

performed in accordance withas required by applicable protocols and 

procedures, pursuant to 31 0 CMR 7 .24( 6)( eg)56.. and 67:-.;..aru:l 

vi a list of all Compliance Testing Company Responsible Officials with 

the authority to sign Compliance Testing Company Certifications on behalf 

of the compliance testing company 

b. eEach notificationNotification shall be signed by an individual who is a 

17 
rResponsible oillficial regarding the compliance testing company, who shall attest 

to the following: 

i. I certify that I personally examined the foregoing and am familiar 

with the information contained in this document and all the attachments and 

that, based on my inquiry of those persons immediately responsible for 

obtaining the information, I believe that the information is true, accurate and 

complete. I am aware that there are significant penalties for submitting false 

information, including possible fines and imprisonment; 

ii. Employee training systems are in place at the company to ensure 

Stage II compliance tests are performed in accordance witl.as required by all 

applicable protocols and procedures and such training systems will be 

maintained for the corning year even if the protocols and procedures are 

changed over the course of the year; and 

111. I am fully authorized to make this attestation on behalf of this Stage 

II Compliance Testing company. 

2. Any person subject to the requirements of 310 CMR 7.24(6)(dg) shall notify the 

Department in writing of any change to the information submitted to the Department 

pursuant to 310 CMR 7.24(6)(eg)_l. within 14 days of the effective date of such change. 

Upon the Department's written request, the person shall submit a fully revised and 

completed notificatiooNotification to the Department in accordance witl.as required by the 

requirements of31 0 CMR 7.24(6)(eg)_l. 

3. No person subject to 310 CMR 7.24(6)(eg) shall perform any Stage II compliance 

test unless said person has first been trained in accordance with the applicable compliance 

test protocols and procedures required pwsuant toby 310 CMR 7.24(6)(eg)5..6.. and 61. 

4. Any person subject to the requirements of 310 CMR 7.24(6)(eg) shall submit, at 

least once every two weeks, a written list to the Department identifying all motor vehicle 

fuel dispensing facilities and tank trucks at which the company is scheduled to perform 

required Stage II compliance test(s) over the next 14 day period. 

a. The list shall be organized by Department R:region and date, and shall 

include the name and address of each facility or tank truck to be tested, the 

applicable section under 310 CMR 7.24(6)(c)_l., 2., .oL.J. ox 4. the required 

compliance tests shall be performed, and the estimated time that the company 

expects to arrive at the facility location. 

b. The Department shall be notified, in writing, of any change of date of an 

individual facility's scheduled compliance tests no later than 9a.m. of the day the 

scheduled test(s) is to occur. Additions to a submitted compliance-=.testing schedule 

shall be submitted to the Department, in writing, no less than two working days 

prior to the date of any scheduled test. 

c. Failure to comply with the notificatim•Notification requirements of 310 

CMR 7.24(6)(eg)z4.. may be a basis for the Department to determine that tests 

18 
conducted after inadequate notice are invalid. 

5 Any person subject to the requirements of 310 CMR 7 24(6)(g) shall immediately 

notify the Department of any failed Stage U compliance tests perfooned as required by 31 0 

CMR 7 24(6)(c) if said person did not refl1m to retest the Stage II system as required by 31 0 

CMR 7 24(6)(c) 6 or 7 on or before the facility's Annual In-I Jse Compliance Certification 

submittal date, or within 30 days of the date of the Stage II system's first passing test result_ 

which ever occurs first Said person shall notify the Department regarding the name and 

address of the facility, and the facility's Facility Account Number 

56. Any person subject to 310 CMR 7.24(6)(eg) shall perform compliance tests to meet 

the requirements of 31 0 CMR 7 .24( 6)( c) only upon confirmation that: 

a. all above ground Stage II system components including, but not limited to: 

dispensers; nozzles; swivels; hose retractors; hoses; breakaways; vapor check 

valves; and the pressure/vacuum valve(s) are installed as required and are the correct 

components in accmdance witl.as required by the terms and conditions of the 

system's currently applicable Executive Order; and 

b. all motor vehicle fuel dispensing facilities with two or more motor vehicle 

fuel storage tanks are properly manifolded in accordance withas required by the 

terms and conditions of the system's currently applicable Executive Order. 

61. Any person subject to 310 CMR 7.24(6)(eg), shall perform Stage II compliance tests 

to meet the requirements of 310 CMR 7.24(6) only in accordance with the applicable 

California Air Resources Board test procedures cited below, subject to the exceptions as 

cited: 

a. Presswe Decay Test (TP-201.3A). The following exceptions shall be made 

ftom test procedwe TP-20 1.3A. 

r. presswe decay tests shall be conducted at 5.8oziin2 01 10 inches of 

water colwrm, and 

n. P/V relief vents shall be tested to be witlri:n .29odirr2'"m 0.5 inches of 

water colwrm of the designed presswe and witlrin 1.2ozlirr2'"or 2.0 inches of 

water colwmt oftlte vacuwn settings. 

a Pressure Decay Test (Bay Area Air Pollution Control District Somce Test 

Procedure ST-30 (2/611991 )) and Table A Minimum Allowable Pressure 

5ilil l 

6illl 4...5.0. 9..46. 

.i.2ll 9...5.(1 

.8.illl .5._&Q 9...52 

9.0.Q 6..20. .2..5.6 

19 
.l.2.S.O 1.05. .LLO..O..O. 2..62 

.L1.5.0 1...20. .l.2.!lilll 2M. 

2....0..00. &.?..fi ll..O.QO_ 2.66 

2.2.5.0. 8.3.5. l.4Jlllil 2..6& 

2.5illl &...S..Q l..iJlilll 9..1!1 

2..75_0 8..6Q .l.6..0.0.Q 9....11 

3JlQQ 1l10. J.1..illlQ 9....11 

325.0. 8..80. J..8...Q.QQ 9...12 

3....iQQ 1L2Q .l..2Jlilll 2..13. 

ll.S.O 2.illl 2.Q.Qilll 2..13. 

4....0.00. 'Ll.Q 2.LOOO 9..14. 

4...2.S.O. 9...1.5. 22..fiQQ .2.1.5. 

4....iO.O. 9..2.Q 2.1...00.0. .2.1.5. 

4....1.5.0. .9..2.5. 2AllO.O. 2.1fi 

5.illlO. 9....3..0. 25.JlO.Q 9..11. 

.3..0...0.0..0. 9....8.0 

NntP.· Fnr ~ v~lin tP.~t tnt~lnll~oP. mn~t hP. ~t IP~ t '\00 o~ llnn~ hnt nn mnrP. th~n ~0 000 o~llnn~ 

b I [ndergmund Eiping Check (Yapm Iie) Iest (San niego Councy Air 

Pollution Control njstrict Iest Procedme IP-96-1, Section 5 1 9) 

c. PressmeNacnum Vent Iest {I .eak Rate and Cracking Pressure of 

PressureNacnum Vent VaiYes, CARB IP-201 1 F) PN relief vents shall be tested 

to be within .29oz/in2 or 0.5 inches of water column of the designed pressure and 

within 1.2oz/in2 or 2.0 inches of water column of the vacuum settings. 

bd. Air-to-Liquid Volume Ratio Test (TP-201.5). 

ce. Dynamic Pressure/Liquid Blockage Test (TP-201.4). 

d. Othex applicable compliance test(s)that ate both appxoved by the Califumia Ait 

Resoruces Boatd atrd apptoved by the Depattment in progtatn goidatrce issued pxim 

to their use. 

f Healy 400 ORVR (Executive Order # G-70- 1 86), Healy 400 ORVR 

Aboye Ground Storage System (Exewtiye Order # G-70-1 87) and Franzen-Hill 

Cargo Iank Imck System (Executive Order # G-70-1 93) 

Exhibit 4· Vapor Return T.ine Vacuum Integrity Iest 

Exhibit 5· Fillneck Vapor Pressme Regulation Fueling Iest 

Healy 600 (ExecutiYe Order # G-70-1 65) 

Exhibit 4· Vapor Reh1rn T.ine Vacuum Integrity Iest 

7&. Any person subject to 310 CMR 7.24(6)(eg) shall certify to the Department that 

each compliance test performed to meet the requirements of 31 0 CMR 7 .24( 6)( c) was 

performed in accmdatrce withas required by 310 CMR 7.24(6)(eg) 5:6. and 61. The required 

certificationCertification shall be submitted on the applicable Stage II Installation 

Certification or Annual In-Use Compliance Certification submitted prusuatxt to 310 Ctv1R 

7.24(6)(c), as applicable. The required cettificatiouCertification shall include: 

20 
a. the date each compliance test was first performed and the result; and 

b. the date each compliance test was performed and passed. 

c a notation whether, (i) the entire installed Stage U system was tested and 

passed all applicable compliance tested or (ii) incorrectly installed, non-fimctioning 

or broken components were Isolated from the remainder of the installed Stage IT 

system and the remainder of Stage II syste'm was tested and passed all app!icable 

compliance tests 

d If the remainder of the Stage U system was tested and passed all applicable 

comp!iance tests, as noted in 31 0 CMR 7 24(6)(g) 8 c , identify all components 

Isolated from the remainder of the Stage U system 

89.. Each certificatiOliCertification submitted pursuant to 310 CMR 7.24(6)(eg)7Jt shall 

be fully completed and signed by an :ind:ividuai who :is a responsible official tegard:ing the 

compliance testing company Compliance Testing Company Responsible Official, who shall 

attest to the following: 

a I certify that I personally examined the foregoing and am familiar with the 

information contained in this document and all the attachments and that, based on 

my inquiry of those persons immediately responsible for obtaining the information, I 

believe that the information is true, accurate and complete. I am aware that there are 

significant penalties for submitting false information, including possible fmes and 

imprisonment; and 

b. I am fully authorized to make this attestation on behalf of this Stage II 

Compliance Testing company. 

910. Any person subject to 310 CMR 7.24(6)(eg) shall maintain the following records on 

site, for a minimum of five years, at the location(s) referenced on the form submitted 

pursuant to 310 CMR 7.24(6)(eg)_l.a.iv: 

a. A complete set of records of compliance tests performed to meet the 

requirements of 310 CMR 7 .24( 6)( c). Such records shall include, by facility address: 

1. the date and frrst result for each required test performed; 

u. the date each test was performed and passed; and 

m. an itemized list of all Stage II system components re-installed, 

repaired or replaced as necessary for the system to pass the applicable test(s). 

b. A current record of all persons or employees trained in accordance withas 

required by 310 CMR 7.24(6)(eg)3. Such record shall include the following: i. the 

date training was received; ii. the person or employee's printed name; and iii. the 

personal signature of the person or employee acknowledging receipt of required 

training. 

21 
fflll. All records maintained pursuant to 310 CMR 7.24(6)(eg)9__lil. shall be made 

available to the Department or the US EPA immediately upon the request of either. 

(fh) Violations of 310 CMR 7.24(6) 

l. For any person subject to 310 CMR 7.24(6) it shall be a violation of 310 CMR 

7.24(6) to: 

al. fail to submit any certificationCertification or notificatiouNotjfication required 

put sam1tey to 31 0 CMR 7 .24( 6) as applicable; 

b2. make any false, inaccurate, incomplete or misleading statements in any 

certificatiouCertification or notificationNotification required putsaantey to 310 CMR 

7.24(6); 

c3.. make any false, inaccurate, incomplete or misleading statements in any record, 

report, plan, file, log or register which said person is required to keep pursuant to 31 0 CMR 

7.24(6); 

d4. hold themselves out as a responsible official m violation of the applicable 

requirements pmsumJtnfto 310 CMR 7.24(6); 

e5.. fail to comply with any applicable standards imposed under 310 CMR 7 .24( 6); or 

f.6. violate any other provision of310 CMR 7.24(6). 

(gi) Department Adopted CARB Stage II System Executive Orders. 

Number Descriotion 

G-70-7-AD Certification of the Hasstech Model VCP-2 and VCP 2A Phase II Vapor 

Recovery Svstem. 

G-70-14-AA Recertification of Red Jacket Aspirator Assist Phase II Vapor Recovery 

Svstem. 

G-70-17-AD Modification of Certification of the Emco Wheaton Balance Phase II Vapor 

Recoverv Svstem. 

G-70-18-C Modification of Certification of the Shell Model 75B 1 and 75B 1-R3 Service 

Station Phase II Vaoor Recoverv Svstem. 

G-70-23-AC Recertification of the Exxon Balance Phase II Vaoor Recoverv Svstem. 

G-70-25-AA Recertification of the Atlantic· Richfield Balance Phase II Vapor Recovery 

Svstem. 

G-70-33-AB Certification of the Modified Hirt VCS-200 Vacuum Assist Phase II Vapor 

Recovery Svstem. 

G-70-36-AD Modification of Certification of the OPW Balance Phase II Vapor Recovery 

Svstem. 

G-70-37-B Modification of the Certification of the Chevron Balance Phase II Vapor 

Recoverv Svstem with OPW nozzles for Service. 

G-70-38-AB Recertification of the Texaco Balance Phase II Vaoor Recovery Svstem. 

G-70-48-AA Recertification ofthe Mobil Oil Balance Phase II Vaoor Recoverv Svstem. 

22 
G-70-49-AA Recertification of the Union Balance Phase II Vaoor Recoverv Svstem. 

G-70-52-AM Certification of Components for Red Jacket, Hirt and Balance Phase II Vapor 

RecoverY Svstem. 

G-70-53-AA Recertification of the Chevron Balance Phase II Vaoor Recoverv Svstem. 

6-70-70-AC ,., ._. I' ol T T .,..., TT .. T .... l' . L" l' 

v"~ UJ Ulv Lva.. l .J\Jl v tvl; "'· I 

G-70-77 Certification of the OPW Repair/Replacement Parts and Modification of the 

Certification of the OPW Balance Phase II Vaoor RecovervSvstem. 

G-70-78 Certification of the E-Z Flo Nozzle Company Rebuilt Vapor Recovery Nozzles 

and Vaoor Recoverv Comoonents. 

G-70-101-B Certification of the E-Z Flo Model 3006 and 3007 Vapor Recovery Nozzles 

and Use ofE-Z Flo Components with OPW Models llVC and 11 VE Vapor 

Recoverv Nozzles. 

G-70-107 Certification of Rainbow Petroleum Products Model RA3003, RA3005, 

RA3006 and RA3007 Vapor Recovery Nozzles and Vapor Recovery 

Comoonents. 

G-70-110 Certification of Stage I and II Vapor Recovery Systems for Methanol Fueling 

Facilities. 

G-70-118-AB Certification of Amoco V-1 Vaoor Recovery_Svstem. 

G-70-125-AA Modification of the Certification of the Husky Model V Phase II Balance Vapor 

Recoverv Nozzle. 

G-70-127 Certification of the OPW Model111-V Phase Vaoor Recoverv Nozzle. 

G-70-134 Certification of the EZ Flo Rebuilt A-4000 Series and 11 V -Series Vapor 

Recoverv Svstem. 

G-70-139 Addition to the Certification of the Hirt Model VCS-200 Phase II Vapor 

Recoverv Svstem. 

G-70-150-AE Modification of the Certification of the Gilbarco VaporVac Phase II Vapor 

Recoverv Svstem. 

G-70-153-AD Modification to the Certification of the Dresser/Wayne WayneVac Phase II 

Vaoor Recoverv Svstem. 

G-70-154-AA Modification to the Certification of the Tokheim MaxVac Phase II Vapor 

Recoverv Svstern. 

G-70-159-AB Modifiaction of the Certification of the Saber Nozzle for Use with the Gil barco 

VaoorVac Phase II Vaoor Recoverv Svstem. 

G-70-163-AA Certification of the OPW VaoorEZ Phase II Vaoor Recoverv Svstem. 

G-70-164-AA Modification to the Certification of the Hasstech VCP-3A Vacuum Assist 

Phase II Vaoor Recoverv Svstem. 

G-70-165 Healv Vacuum Assist Phase II Vaoor Recoverv Svstem. 

G-70-169-AA Modification to the Certification of the Franklin Electric INTELLIV AC Phase 

II Vaoor RecoverrSvstem. 

G-70-170 Certification of the EZ-flo Rebuilt 5005 and 5015 for use with the Balance 

Phase II V aoor Recoverv Svstem. 

G-70-177 ::AA. Certification of the VCS400-7 Vacuum Assist Phase II Vapor Recovery 

Svstem. 

G-70-179 Certification of the Catlow ICVN-V1 Vacuum Assist Phase II Vapor Recovery 

Svstem. 

G-70-180 Order Revoking Certification of the Healy Phase Il· Vapor Recovery Systems 

for Gasoline DisoensinQ Svstems. 

23 
G-70-183=.AA Certification of the Healy/Franklin Vacuum Assist Phase TI Vapor Recovery I 

Svstem. 

G-70-186 Certification of the Healv Model400 ORVR Vaoor Recovery Svstem. 

· G-70-188 Certification of the Catlow ICVN Vapor Recovery Nozzle System for use with 

the Gilbarco VaoorVac Vaoor Recovery Svstem. 

G-70-191 Healy/Franklin VP-1000 Vapor Pump Phase TI Vapor Recovery System(Healy 

AA ORVR Phase TI Vaoor Recoverv Svstem). 

G-10-1 26 Certification of the Saber Technologies, I .I C SaherVac VR Phase U Vapor n . c .. .-.+a ...... 

G-10-1 22-A I Certification of the Gasoline Dispensing Nozzles to the I.iqnid Retention of350 

millileters ner 1 000 G:lllons Dis' -I 

VR-201-A Healy System Inc Phase n Enhanced Vapor Recovery (EVR) System Not 

Tn~lnrlino T~D 

EVR-202-A Healy Phase II Enhanced Vapor Recovery System Including Veeder-Root ISD 

c. 

G-10-204-A Certification of the Gilharco VaporVac/OPW Vaporsaver ORVR-Compatihle 

Svstem 

ul Depanmtut ~dopttd C~BB Stage II S~stem Execntb:e Otdets fot ~bol:t Gmnud 

Stotage Iank :£apot Becol:t~ S~stems. 

.. ' •·• •·">. ~ _ ........ 

[ ' --~--~~~~~ ------~-

11 G-70-102-A ~==~p~=~=:roundSrornge 

L Q:.'Z.O-JJ_6-F; f:onX'!l~)t. qqvegrp1md Tan_k Vapor Recoyery_§x_stf!m .. 

Jl Q-:-10-1 28. _[Bryant fu_ei_Cell Ahoy~gro 11ncj Tank VapgrK~C.:.O.Ye.~Y Sy_§tem 

L . G_-79:::1 32-B ls upervmJlt}.qoyegro.und Tank Vapor RecoVf~ry SystepJ 

l __ G-70-I3S =::L~;;;;i=~~=;~eBu k ?Q-I39 --~ ~=~s:;ertification oftbe Hid Model ~CS~2QQ Phaseii Vapor _ 

?~?0:140 A __ :r:~=x:!==:':d~"~ ~onfignratio~s wi~ t~e . .! 

L Q-70-14]:..!1 ___ gpEl.Ymmr.B~X~D' $y.§tt:.rn.f9IM>.QY!!g[9JE1.A.:flasiline _§torage Tap_[§ .. . 1 

L _ Q_-?Q-L43 _ :fuO::Ym!l! D._o_v~gr.QJ!l}_d JaptX~P9£ R f:Co_yerx.§Y.~!.~!'!l . __ 

1._ ~:~~4!~~ _: &;_!_:;:~!}::~=~:==.r~ase II ~·~or ~~ove~ 24 
I G-70-148-A . - ..,., .. !tube Cub~ ~boy;v=cmnd Tank Vapor Rec_overy_§ystem .... - _ __ I 

I G-70- 152 ~~::~nks and Manufacnuing Aboveground Tank )La~~~ .. 

I G-70- 155 ·-

I 

~~~~ !Petroleum Marketing Abovegro)md T€!Dk Vapor Recovery Systell} 

~--=G-70-156 ~~~~..=:.:::: Ecovau t Aboveground Tank Vacuum Assist V~n.or Recovery System _ 

I G-70-157 

I G-70-158-A 

I G-70-160 -

__:::s:::=::.. __ IEcovault Above&!Qimd Tank Balance Vapor Recovery System _ _ 

~~~~~ Firesafe Ahovegpmnd Tank_Vapor Recovery System __ _ 

I G-10-1 61 . - -·~ ·---- _,,.. ...... ~ .. -

~--=:=:~~~:..__; lt\boy~ 9round Tank Vault Vapor R_ecovery Sy~t~em _ 

l~==:st:ms, Incorporated fJIClmaster Aboveground Tank I 

,-.;;.=-...::::::=::.;;:.;.;:==-..;;;; G-10 lsteel Tal)k Institute Fireguard Aboveground Tank Vapor R~c_overySY§U;m r -1 62-A 

G-10-161 

G-10-168 

G-10-115 

G-10-181 

G-10-181 

~--=~~=::=_ _ _ IEnviroVauJt Aboveground_Tank Vapor Rf:covery System 

--=~~~~__;_~ Bryant Fuel Systems Phase I Vapor Recoyery System 

HasstechVCP-3A Vacuum Assist Phase II Vapor Recovery System for 

AbovegzoundTanJ< fu':c;;tems . 

r------ ~HU=tVCS4QQ-2Rootless NozzlfU>hase 1I Vapor Recovery System for 

' Aboveground Storage Tank Systems 

.----'---'--_..;..-~=odel400 OR1!B )lapor Bec:overy System fOI Aboveground Tank 

I 

I 

I 

.. ~ 

: 

I 

G-10-190 

G-10-192 ..... ....................... . 

~=~ ~:::ment, Corporation Armor Cast Aboveground Tank Vapor 

r------- ;:::z::=~:= OBVB Nozzle for Existing I 

G-10-193 

-

Ced!fi cation~theBiJl-Vac Vapor Recovery System for Cargo Tank Motor 

YehtcleFuelmg Systems 

'I G-10-1 94 l=ment Solutions Hoovec )lault Aboveground Tank )lapor Recovery : 

::~Companies, Inc Fuel Vault Aboveground Tank Vapor B...,.;){.,ry 1 

I G-10-1 95 

I G-10-191 lsynchrotek Fastflo 3 PhaseD Vapor Recovery System I 

I G-10-200 

··-

I G-10-201 

~.-.- -

rl. G-10-202 .. - . 

=:==~:::= Balance1!apor I ....---~-~=~~==~::::=:;;~::~~=~:::u Vapoc'/~c ... I 

(hk) The provisions and requirements of 310 CMR 7.24 (6)(a) and (b) are subject to the 

enforcement provisions specified in 310 CMR 7.52. 

25 
Attachment II 

Guidance Table: 

Compliance Testing For Minor Modification of Stage II Systems 

For Discussion Purposes Only 
Guidance: Under 310 CMR 7.24(6) Dispensing of Motor Vehicle Fuel 

GUIDANCE TABLE: Compliance Testing For Minor Modification of Stage II Systems 

MODIFICATION/REP AIR TESTING REQUIRED 

MINOR MODIFICATIONS 

For minor Stage II system modifications and repairs, the following compliance tests, as applicable, are required to be performed and 

passed prior to commencing operation and a record of such modification and applicable test results maintained on-site. Submittal of a 

compliance C·ertification to the Department is not required. 

1. Replace dispenser mounted vapor pump (vacuum motor). Air-to-Liquid Ratio Test (AIL) for that vapor pump and 

applicable nozzles. 

2. Replace "screw-on" spill or dry break bucket Pressure decay 

3. Isolate diesel tank or other fuel storage tank not in use from Stage II Pressure decay system 

4. Replace/repair <50% of total dispensers (e.g., 1 of 4 dispensers) Pressure decay, dynamic back pressure/liquid blockage, 

(Air-to-Liquid Ratio for vacuum assist systems) 

5. Replace/repair <50% of dispenser piping Pressure decay, dynamic back pressure/liquid blockage 

6. Replace/repair Healy central vacuum unit for Healy 400 ORVR nozzle Healy vapor return line test, Healy Fillneck Pressure 

system or Healy 600 nozzle System (Healy 400 ORVR), Air-to-Liquid Ratio (Healy 600) 

7. Replace/repair ball float extractor valve housing Pressure decay 

FACILITIES CURRENTLY EXEMPT FROM STAGE II REQUIREMENTS 

For gasoline dispensing facilities currently exempt from Stage II installation requirements (i.e., the facility was installed prior to 

1111/1989 and since 111111989 has not been substantially modified or dispensed more than 10,000 gallons of gasoline in any one 

month) any modification or repair of the gasoline dispensing system identified below· or the dispensing of more than 10,000 gallons 

of gasoline in any one month will trigger the requirement to (a) install a Stage II system, (b) perform and pass all applicable tests and 

(c) submit a fully completed Form A to DEP, prior to commencing system operation. 

1. Excavate below shear valve or tank pad to repair, replace or install vent piping and/or two-point or coaxial Stage I systems. ' 

~ 2. Install, repair or replace tank and/or fueldistlj_bution system. --- I